SEXUAL OFFENCES - Legislation Flashcards
No presumption because of age
s127, CA 1961 - No presumption because of age
- There is no presumption of law that a person is incapable of sexual connection because of his or her age.
- Meaning any person of any age is capable, of being involved in sexual connection.
- Therefore it would not be a defence to say that either of the parties was too young or too old to have sexual connection.
Sexual violation defined
s128, CA 1961 - Sexual violation defined
(1) Sexual violation is the act of a person who—
- rapes another person; or
- has unlawful sexual connection with another person.
Attempted sexual violation
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Assault with intent to commit Sexual Violation defined
s129(1) CA 61 - 10 years
Attempted sexual violation and assault with intent to commit sexual violation
Every one who attempts to commit sexual violation is liable to imprisonment for a term not exceeding 10 years.
Assault with intent to commit sexual violation defined
s129(2) CA 61 -
Assault with intent to commit sexual violation
Every one who assaults another person with intent to commit sexual violation of the other person is liable to imprisonment for a term not exceeding 10 years.
Sexual connection with child under 12
s132, CA 61 - Sexual conduct with child under 12
(1) Every one who has sexual connection with a child is liable to imprisonment for a term not exceeding 14 years.
(2) Every one who attempts to have sexual connection with a child is liable to imprisonment for a term not exceeding 14 years.
(3) Every one who does an indecent act on a child is liable to imprisonment for a term not exceeding 10 years.
(6) (a) In this section a child means a person under the age of 12 years;
Sexual connection with a young person under 16
s134, CA 1961 -
Sexual conduct with a young person under 16
(1) Every one who has sexual connection with a young person is liable to imprisonment for a term not exceeding 10 years.
(2) Every one who attempts to have sexual connection with a young person is liable to imprisonment for a term not exceeding 10 years.
(3) Every one who does an indecent act on a young person is liable to imprisonment for a term not exceeding 7 years.
(6) (a) In this section a young person means a person under the age of 16 years;
Defence to charge under section 134
s134A, CA 61 - Defence to charge under section 134
(1) It is a defence to a charge under section 134 if the person charged proves that, —
- (a) before the time of the act , he or she had taken reasonable steps to find out whether the young person was of or over the age of 16 years; and
- (b) at the time of the act, he or she believed on reasonable grounds that the young person was of or over the age of 16 years; and
- (c) the young person consented.
(2) Except to the extent provided in subsection (1),—
- (a). it is not a defence that the young person consented; and
- (b). it is not a defence that the person charged believed that the young person was of or over the age of 16 years.
Indecent assault
s135, CA61 - Indecent assault
Every one is liable to imprisonment for a term not exceeding 7 years who
- indecently
- assaults
- another person.
Assault on a child, or by a male on a female
s194 CA61, Assault on a child, or by a male on a female
Every one is liable to imprisonment for a term not exceeding 2 years who —
- Assaults
- any child under the age of 14 years; or
- Being a male
- assaults any female.
(1) - Ill-treatment or neglect of child or vulnerable adult
AND
(2) - What persons are can be liable?
s195 CA61 - 10 years
Ill-treatment or neglect of child (under 18) or vulnerable adult
(1) Everyone who
- intentionally does or ommits an act or
- fails to perform any legal duty,
- likely to cause death, GBH or serious sexual assault
- to a child or vulnerable adult (the victim)
(2) The persons are—
(a) a person who has actual care or charge of the victim and is over 18 years old.
(b) a person who is a staff member of any hospital, institution, or residence where the victim resides.
What are the Mens Rea and Actus Reus used to prove a charge against section 195 of the Crimes Act 1961?
s195 CA61 - Ill treatment of a child or vulnerable adult
MENS REA
- KNOWS that a child or vulnerable adult are at the risk of either death, GBH or serious sexual assault
- And Is a member of the same household and has frequent contact with the victim;
ACTUS REUS
- Fails to take reasonable steps to protect the child or vulnerable adult.
- Can not be charged if offender is under 18 at the time of the act or ommission.*
Failure to protect child or vulnerable adult
s195A - 10 years
Failure to protect child or vulnerable adult
(1) . Every one who has frequent contact with a child or vulnerable adult and —
(a) . knows that the victim is at risk of death, grievous bodily harm, or sexual assault as the result of—
(1) . an unlawful act by another person; or
(2) . an omission to discharge or perform a legal duty expected of a reasonable person to whom that legal duty applies; and
(b) . fails to take reasonable steps to protect the victim from that risk.
(2) . The persons are —
(a) . a member of the same household as the victim; or
(b) . a person who is a staff member of any hospital, institution, or residence where the victim resides.
(3) . A person may not be charged if he or she was under the age of 18 at the time of the act or omission.
Rape Defined
s128, CA 1961 - Rape defined
(2) Person A rapes person B if person A has sexual connection with person B, effected by the penetration of person B’s genitalia by person A’s penis,—
- without person B’s consent to the connection; and
- without believing on reasonable grounds that person B consents to the connection.
Unlawful Sexual Connection Defined
s128, CA 1961 - unlawful sexual connection defined
(3) Person A has unlawful sexual connection with person B if person A has sexual connection with person B —
- without person B’s consent to the connection; and
- without believing on reasonable grounds that person B consents to the connection.
Can a married person be convicted of sexual violation
s128, CA 1961 -
(4) One person may be convicted of the sexual violation of another person at a time when they were married to each other.
